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Proposed Legislative solutions to Adopt the Community Service Sentence in the Iraqi Criminal legislation Comparative Study
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The community service in its various forms topped up the alternative short term custodial sentence in some crimes, and experience has shown the success of this alternative in sparing the convicted negative effects of custodial sentences in all social, psychological and even economic aspects and on the other hand addressing the problem of overcrowding prisons. This penalty consists of requiring the convicted person to work certain hours in specific areas and within a certain period determined by the legislator. Through comparative analytical studies between Western and Arab legislation, we found there are such major differences in the ways in which [community service] has been worked out that it is impossible, indeed irresponsible, to transpose the experiences of one country upon another, providing for it as an original punishment sometimes or an alternative custodial sentences for imprisonment for

 

certain crimes or alternative to physical coercion, under which legislation has set the maximum penalty for the deprivation of liberty that the court may replace in exchange for the imposition of community service for specific hours determined by the provision unpaid in certain quarters determined by the legislator or the decision issued under it, taking into account certain controls in The most important of these is the consent of the convict and not to harm his dignity. In line with the modern punitive policy, we have proposed to the Iraqi legislator to amend some of the provisions of the Penal Code to allow the adoption of this punishment in its various forms, either as an original punishment for crimes of violations and misdemeanours or by replacing community service instead of  some of the punishments that are causes negative consequences  for the freedom prescribed for some crimes of misdemeanours and violations or alternative to physical coercion, in accordance with certain controls derived from comparative legislation, with the introduction of judicial oversight that will apply it in accordance with its purposes, which seek to qualify sentenced away from the walls of the penal facility.

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Publication Date
Sat Dec 15 2018
Journal Name
Journal Of Legal Sciences
A crime violate the honor in Iraqi legislation
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Each person has his own place in society but he may loss his place by commtting deeds reveal by them dishonest behviours that may lessen his respect and trust by society . Mean that time those deeds connted as crime, so, the criminal lawmaker describes them as crimes violate thehonor. Those crimes were mentioned in the penalty law as for exemplification but not specification, which needs more study for that description from the point of view of ability of the results depend on the description . Specially, those crimes may be committed by anyone. Who exposed to disciplinary punishments follows the imposed punishments which assigned by the law of punishments to protect the honesty of the public job.

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
Legal regulation for a labor inspector: A comparative study between Iraqi legislation and the Algerian and Bahraini legislation
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The labor inspector may be exposed - while performing his duties that are legally assigned to him - to threats or attacks on him by employers, which makes it impossible for the inspector to perform these jobs.

This has prompted international and Arab labor inspection standards, as well as national labor laws, to emphasize the need to provide security support and legal protection for the labor inspector, and to punish employers' violators, with the aim of extending the authority and prestige of the state and ensuring the enforcement of laws and thus achieving the goals for which it was legislated.

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
The Right of the Public Employee to Nominate and be Elected to the Federal National Council in the UAE Legislation "a comparative study
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The right to nominate and vote is one of the most important political and constitutional rights of citizens in general and public officials because it is related to the popular will, and as they represent the legal way to exercise sovereignty through the selection of members of Parliament to take over on behalf of the nation.

However, these rights, like other rights, are subject to legal regulation. Therefore, the constitutions meant it to give them a great deal of prestige, and the various laws dealt with it by defining the electorate and the conditions that should be fulfilled in the candidate and the voter.

Countries differ in their position of the public servant as conditions for membership in the Parliament, with set

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Publication Date
Fri Dec 01 2017
Journal Name
Journal Of Legal Sciences
The Legal System Of Arbitration As a Name Of Setting Foreign Investment Disputes in Iraqi and Kurdistan Region legislation: A COMPARATIVE LEGAL STUDY
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Is a theme of foreign direct investment and indirect interest of the world, especially developing countries, and the growing interest in recent issue of investment in Iraq and the region being one of the countries aspiring to attract foreign investment, especially in the natural resources sector, having changed relatively Look uncertainty towards foreign investors, both of by the state or its citizens.

Although mutual cooperation between the state invested and investors to identify those rights and obligations in terms of scope or content of the contract between the parties, but it might get a conflict between the two parties in the exact content of the rights enjoyed by the investor and the obligations due to breach of one of th

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The Rule of Privatization in its legal concepts in Iraqi Legislations – Comparative Study with French Legislations
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States seek to regulate their economic and financial life to ensure their survival and their continued performance of the tasks entrusted to them in the organization of public facilities and ensure their progress in order to ensure their provision in the provision of public services to their peoples. These countries may follow new economic policies that were not addressed in advance, including the policy of privatization, To put the constitutional and legal provisions governing this economic policy in contradiction to the principles of legality and legitimacy is in the performance of its work, so the search has revealed the rule of privatization as an economic policy in the Iraqi legislation compared to the French legislation for the pur

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
Iraqi legislation and its impact in reality The current developmental economist
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The economic problems of external debt were illustrated by the impact of increased external borrowing on the faltering of economic development efforts by the impact of external loans on domestic savings, the balance of payments, their impact on inflation, the growing economic dependency abroad, the loss of national economic decision-making, The rise in the ratio of external debt to GDP, and fiscal deficits in a vicious cycle.

As we are found in the economies of the different states, there are mostly many problems that happen to peoples causing them to be poor and tied, that is when the states resort to borrowing from the national banks and selling the bonds and treasury bonds and claiming donations and gifts and other trials for

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Criminalization Provisions and the Part Related to the Crimes of Insult and Slander through Social Communication in the Libyan Legislation : A Comparative Study
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 The importance of this topic is reflected in the need to know the legal provisions for the offenses of insult and slander within the scope of information technology, which have a great impact on people, and have been used to undermine human honor and dignity, especially that it is one of the new crimes, which has not been studied extensively by researchers, and many have tried Some countries develop their legislative systems by introducing punitive and procedural texts and legislation that are compatible with the phenomenon of modern technical crime And we decided to research the pillars of these crimes and to clarify their general provisions through exposure to the public and private pillars that prove criminal responsibility, and

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Publication Date
Sat Aug 17 2019
Journal Name
Journal Of Legal Sciences
Conditions of Criminal Procedural Work
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In the event of a crime, a right to society arises in the imposition of the penalty by the perpetrator of the crime, through the criminal case, as it is the only way to do so. The acts carried out by the parties to the criminal proceedings, whether they are the litigants or others, are referred to as procedural actions. Directly any procedural action given only the availability of conditions

these conditions on the two communities: the first objective and the second formality, may relate to those conditions that the person who initiates the procedural or procedural work itself and can not work procedural to produce its impact if one of his conditions. The importance of these conditions of the importance of the rules of criminal p

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
Penal requirement in the contracts of professional players: comparative study
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          Sport is generally no longer merely a game of entertainment, but it is a work of the player for the sports club contracted by him. The player is no longer regarded as a means of entertainment and physical development, but is seen as an economic Which is to gain a return for the effort, and because of the spread of the phenomenon of professionalism in the field of sports, emerged sporting contracts coupled with penal conditions as a means to regulate the relationship between the player and the sports club is the contract transfer professional player and his loan, and his professional contract, which concerns us in this regard is to address the J Loyalty) contained in the contract betw

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Publication Date
Mon Feb 01 2016
Journal Name
Journal Of Economics And Administrative Sciences
Problematic of Public Budgeting Under Iraqi Legislation
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The public budget in Iraq depends on a number of legislations across its fourth stages, starting from preparation to implementation and control; one of these legislations is the amended law of financial management and public Debt. No. (95) In 2004. Accordingly, the public budget cycle faces various failures, some of them resulted from the shortcomings in the legislation depended that effect on the public budget in a way or another; whereas the other failure resulted from no applying the legislation that adversely effect on the public budgeting stages that call for studying them and paying the attention toward them to present the suggestions that contribute in handling and developing public budgetin

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